A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Criminal facts

The Defendant, as an employer operating E located in Scheon-si, was working from September 2, 1987 to April 17, 2013, and was retired from office, and was described in the attached Table Nos. 1 to 3, 5, and 24 as well as the total amount of wages and retirement allowances of 23 workers from the date of retirement within 14 days from the date of retirement without agreement between the respective parties on the extension of the due date for payment.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. A protocol concerning the suspect examination of the accused;

1. Each authentic statement concerning G (including a detailed statement of delayed payment, details of calculation of overdue wages and retirement allowances, average wages and retirement allowances calculation statement, list of subscribers to a workplace, wage ledger, bonus ledger, and bonus ledger attached thereto);

1. The statement of a petitioner to G, H, I, J, and K;

1. Each written statement of L and M;

1. Details of payment of retirement pension, details of confirmation of each telephone, etc., and application of Acts and subordinate statutes obtained from each investigation data;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. positive circumstances of sentencing under Article 62-2 of the Social Service Order Act: The proportion of dismissal of public prosecution considering such negative circumstances as the following: The defendant's wrong recognition and reflective attitude; some of workers received part of wages and retirement allowances in the auction procedure for the defendant's property; some of workers received substitute payments; and the defendant has no history of punishment exceeding fines: The total amount of unpaid wages and retirement allowances is the large amount;

1. The Defendant’s summary of the facts charged is an employer operating E located in Scheon City D, and is from April 14, 2008 to June 29, 2012.